Prior art includes worldwide public disclosures and earlier Philippine applications with earlier filing or priority dates.
What types of information are considered “prior art” in the Philippines? Read More »
Disclosures by or through the inventor within twelve months before filing do not prejudice novelty.
Does an inventor’s own disclosure within 12 months before filing always destroy novelty? Read More »
“Inventor” includes any person who, at filing date, had the right to the patent for grace‑period purposes.
Who is treated as the “inventor” for purposes of the non‑prejudicial disclosure rule? Read More »
An inventive step exists when the invention is not obvious to a person skilled in the art considering prior art.
How is “inventive step” defined in the Philippine Intellectual Property Code? Read More »
For drugs, mere new forms, properties, or uses of known substances do not constitute an inventive step.
Is the standard for inventive step different for drugs and medicines? Read More »
Industrial applicability requires that the invention can be produced and used in any industry.
What does “industrially applicable” mean for patent purposes in the Philippines? Read More »
The right to a patent belongs to the inventor, his heirs, or assigns, and jointly to joint inventors.
Who initially owns the right to a patent under Philippine law? Read More »
Between independent inventors, the first to file (or claim priority) obtains the right to the patent.
How is priority resolved when two persons independently invent the same thing? Read More »
In commissioned work, the commissioning party owns the patent by default unless the contract states otherwise.
Who owns a commissioned invention under Philippine patent law? Read More »
If inventive activity is not part of regular duties, the employee owns the patent even using employer resources.
Who owns an invention made by an employee that is outside his regular duties? Read More »
